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Tonio Fenech to abstain in Divorce Bill vote

Finance Minister Tonio Fenech.

Finance Minister Tonio Fenech.

Last updated at 9.30p.m.

Finance Minister Tonio Fenech in a surprise announcement, said today that he would abstain in the vote on the Divorce Bill in Parliament.

Mr Fenech had, before the referendum, been strongly against the introduction of divorce and had been criticised about some of his newspaper articles involving religion.

Writing in The Malta Independent, Mr Fenech had insisted that: “the divorce debate cannot be divorced from faith” and God “has a say in the morals of... this country”.

Mr Fenech had also hit out at people who attended the processions of Our Lady of Sorrows and were irked by anti-divorce statements made during some of them. 

“I think the occasion was actually very befitting of such a message; I am sure Our Lady is very sorrowful that Malta is considering divorce,” Mr Fenech wrote.

But after the referendum he had refused to make his position clear. On May 30 he had told The Times that he would not obstruct the divorce law once the people were in favour of it. “People voted for divorce, and it is parliament’s duty to have the law the people want. I will not be there to obstruct it,” Mr Fenech said.

“It’s important the law passes.” 

Speaking during the debate in Parliament this evening, Mr Fenech said the people had made a choice in the referendum. He had a heavy heart about the outcome. The people's decision would have an impact on society, now and in the future. In societies where divorce was introduced the value of marriage had diminished. Permanence in many cases had been replaced by the temporary.

The debate on the good or bad of divorce was past, however. The decision had been taken. Parliament now had a duty to ensure that the law respected what the people voted for. It also needed to be ensured that what had been lost would be substituted by other measures which would strengthen marriage.

The government, he said, had introduced several family-friendly measures but more needed to be done. He felt that children should be educated on the importance of strong marriage, for society and for individuals. People needed to known what they were going in for when they decided to marry.

The Maltese people, despite voting for divorce, had been cautious in wanting a responsible divorce with several safeguards.

Mr Fenech said that post referendum, the debate was not about what needed to be done to improve the Divorce Bill, but about how every MP would vote. This was a disservice to the country and to those who said they wanted responsible divorce.

The country needed to look forward, not backward. This was not about winning and losing. Those who were in favour of divorce were not against marriage.

The Bill needed to be improved to truly respect the referendum question. It needed to include the mechanism to ensure that people who opted for divorce realised their responsibilities. It needed to provide the maintenance guarantees that were promised, notably with regard to children.

Mr Fenech said he defended the right of every MP to vote as he wished in Parliament, according to his conscience.

The obligation to ensure that this law was approved rested primarily on those MPs who had backed the bill for the holding of the referendum and proposed the referendum question. It was unfair that some of those MPs insisted that MPs who had been against divorce and the referendum question, should back the Divorce Bill.

Nonetheless, with a sense of responsibility, the PN and the Prime Minister had said that they would ensure that the Bill was approved, in line with the people's wishes, and they would work to ensure that the law provided what the people really wanted.

MPs should not be asked to declare their vote before the Bill was properly defined. The Bill did not reflect the referendum question because it did not give a proper voice to children and did not really guarantee maintenance to them.

A process had to be followed, Mr Fenech said, but for the curious, he would declare that he believed that divorce was wrong. He however respected the fact that the people voted for divorce, and therefore, he would not hinder the process. He would abstain and also propose amendments to improve the Bill.

Gulia: PM must vote in favour

Earlier in today's parliamentary sitting, Labour MP Gavin Gulia said his political position in favour of divorce was long standing and well known.

Parliament had a duty to respect the referendum result and should refine the Divorce Bill while observing the referendum question.

He felt that the prime minister as head of the government, had a duty to vote in favour of divorce and also urge his party to change its position and respect the people's decision.

Dr Gulia insisted that divorce did not destroy marriages. Marriage was already destroyed when people sought divorce.

The introduction of divorce was belated, he said. This could have happened as early as 1975, when civil marriage was introduced. That more marriages were breaking up now was irrelevant. Once this was a civil right, it should have been introduced earlier.

De Marco: Respecting the democratic process

Parliamentary Secretary Mario de Marco said that the introduction of civil marriage meant that the introduction of divorce was a matter of time. The number of separations was not alarming but it was increasing. Furthermore, a third of children were now born out of wedlock.

Society was changing in every sense. Values were changing too. Malta was part of the global village and change could not be ignored. The referendum showed what the people felt. Some argued that it would have been best had Parliament taken its decision instead of holding the referendum. He felt, however, that holding the referendum was wise.

The country now needed to move forward, respecting the outcome of the divorce while also respecting the views of those who were against divorce. It was notable that both political parties were saying that the result would be referendum would be respected.

He personally had reservations on the concept of no-fault divorce, but he felt it his duty to vote in favour of the Divorce Bill. He wished to tell his constituents that he meant no disrespect to those who had voted against divorce in the referendum. His vote was respecting the democratic process which they themselves had participated in. After all, his party was both Christian and Democratic in equal measure.

He said that once no-fault divorce was being introduced, one should consider consensual divorce as long as the four year separation period was observed. There should also be the possibility of more mediation services. One should consider more measures to safeguard the interests of children.

Concluding, Dr de Marco said MPs should work to strengthen the institution of marriage so that, hopefully, this law would be used as little as possible.

Censu Galea: Society is changing

Censu Galea said society was changing. One might like the change, but it could not be stopped. People whose marriage had failed should be helped to reintegrate in society.

Marlene Pullicino: Divorce needs to be backed with other law changes

Marlene Pullicino said the permanence of marriage could be eroded because of the presence of divorce. Marriage, however, failed for a multitude of reasons and she felt that people whose marriage had failed should be given the opportunity to achieve their purposes by trying again. The introduction of divorce was not an imposition on those who did not wish to divorce.

This legislation, she said, should come accompanied with other measures to help people who took this option, including tax and pension matters, efficiency in the law courts, legal aid and facilities where children could be heard.

In her personal view, divorce was not good for society, Ms Pullicino Orlando said, but she could not ignore the rights of individuals, more so when such rights were available abroad.

The right to choose became real when divorce was supported by the proper structures while efforts were also made to save marriages, Ms Pullicino said.

Mifsud Bonnici - Divorce Bill drafting is confusing

Justice Minister Carm Mifsud Bonnici said the Divorce Bill as drafted was strange and confusing. He believed that the Bill would be approved by Parliament, but the problems of the new proposed system would arise when it was in effect.

Dr Mifsud Bonnici said that he would be voting against the Bill since it was not coherent and did not clearly regulate an issue as delicate as divorce.

He did not agree with divorce for secular reasons. The people had, however, voted in favour of divorce and thus there no longer was the need to question whether divorce should be introduced or not.

Parliament should now focus on the content of the Bill. He criticised the way the electorate had been presented with the referendum question which was very restricted and had limited the way divorce could be legally introduced.  

Malta was the only country which offered free mediation services during separation proceedings to encourage couples to try to reach a compromise before resorting to separation. Over a period of seven years there had been 6,000 requests for separation. Of these, 12 per cent had reconciled.   

The Bill was not promoting reconciliation. Indeed, certain clauses encouraged the parties to prolong separation proceedings for four years in order to be eligible to obtain divorce instead.

Furthermore the Bill was very vague on the issue of alimony and was not clear who would be eligible for this. Further clauses had to be included to clearly guarantee the right to maintenance.

In separation cases, the court took into consideration the reasons why a couple was separating. In domestic violence, the judgment and conditions presented by the court were different to those handed down to persons who had separated for no valid reason. The Bill was, however, proposing a no fault divorce; thus no criteria were being set and all were being put into the same basket.

The Bill did not offer a balance between freedom and responsibility.

Michael Farrugia: Need for laws on assisted procreation, cohabitation

Labour MP Michael Farrugia said divorce law was needed because it introduced legal order in an area which was unregulated as people opted for cohabitation. There, however, was also need for a law on cohabitation for those who did not marry.

Order was also needed in other sectors, such as artificial procreation. This divorce law was being debated a year after a private member's bill was presented by a Nationalist MP. Yet cohabitation had been mentioned since 1998 without any legislation, even though it affected thousands of people. And parliament had been speaking of legislation on assisted procreation for six years, again without any result.

Stephen Spiteri: Need for responsible legislation

Nationalist MP Stephen Spiteri said the will of the majority has to be respected, but Parliament needed to ensure that the law was enacted in a responsible manner for the benefit of society. It needed to be ensured that everyone realised his responsibilities in going in for a second marriage.

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Alfred Fenech

Jul 9th 2011, 18:04

When we want our way, conscience comes up. Our representatives are there to be told what to do.
We expect them to execute our wishes (orders) to the letter. I will definately not repeat not abstain
in the next election. This referendum was an early issue of an election.

Mr Sandro Cremona

Jul 8th 2011, 12:08

Meta nasal biex nivvota, Jien ha nastjeni.

K Cassar

Jul 9th 2011, 16:28

Yes the will should be reflected in the Parlamentary vote... and let us not forget those who abstained and those who voted against.... they are still part of jo public! especially considering that we were promised that this was a consultative referendum! Those who voted against have not suddenly stopped paying taxes... remember we're the ones going to be paying taxes for other people's abandoned children!

Mr john vella

Jul 8th 2011, 11:13

@Mario allow me to take of my hat off! Where did you get this one? My goodness it is so good the editor should make a cartoon on this topic.
An excellent observation to the fact when you hear them in parliament and meet them in the street (if you are lucky) one has to say is this the same person?

Alex Cutajar

Jul 8th 2011, 08:26

Democracy was already shown in the referendum.. Why keep going against the result that the majority want?

Mr Mike Abbot

Jul 8th 2011, 08:54

You seriously need to look up the meaning democracy

J. Scicluna

Jul 8th 2011, 09:07

"Yes the people have decided in favour but this does not mean that MP's have to follow suit. Otherwise, we loose our democracy"

What do you mean?! Thousands voted YES and just a handful of MPs overturn that decision and you call that Democracy?

The Govt had to take a decision on Divorce and did not have the guts (or the will to lose votes) to do so and abdicated its responsibility and passed it to the People. TNow, the People have spoken and its must be respected; THAT is Democracy.

"Or we speak about democracy were is convenient for us... " precisely what your comment is doing.

guido cutajar

Jul 8th 2011, 09:13

Mitt bniedem mitt fehmha..........The only true democracy that exists is the will of the majority of the people. The M.P`s are there to serve those who elected them. They should respect what the people wants, like an employee must respect and obey the company`s decisions. If the employee is not happy with the situation, he must leave, and not the company,which in our case are the majority of the people. That is called true democracy. Although we have to respect the MINORITY the will of the MAJORITY has to rule. If just 69 members do not approve and respect the will of 54% of the voters, that is called DICTATORSHIP.

PM Camilleri

Jul 8th 2011, 08:08

Well said indeed Mr Laferla!

Alex Cutajar

Jul 8th 2011, 08:28

Stating your comment:
"10) If MPs are against divorce, then, they should vote NO not Abstain their vote;"

Aren't MP's supposed to represent their people? Or is it just a theory?

David Caruana

Jul 8th 2011, 08:42

"This legislation will definitely open the door for other things like abortion, euthanasia, same-sex marriage"

Let's leave the hot potato of abortion out for now.

Euthanasia - what does it matter to you if I, FOR MY OWN SAKE, would like to have the option of mercy killing if I'm diagnosed with a terminal disease? Really, please tell me why on earth would you or anyone else would want to deprive me from this option.

Same-sex marriage - from your words it seems that same as me, you are heterosexual. So same-sex marriage won't effect your life one bit, but still, you and others think that you can have a say regarding the rights of others. Please explain why do you think that you have some right to shape someone else's life as you wish.

Well Mr. Laferla, hold on tight because liberalism will take over our country, I can assure you. You and others like you will not be allowed to meddle with other people's choices anymore.

Joseph Borg

Jul 8th 2011, 13:06

I agree with your comments. The consultative referundum was aimed to get information from all citizensthe accpetance o. Those who were in favour of divorce were 53% of those who participated . This works out to 40% of the electorate. Hence the referendum did not have the support of the majority of the electorate.

Moreover, members of parliaments are elected to lead and not to be led by the whims of the masses.

MP's who had declared to be against the introduction of divorce should not recant and go against their own declaration. Such a U Turn indicates that they are opportunists and that they are prepared to switch sides less they stand to loose votes.

The PL member Dr Vassallo and PN members Edwin Vassallo and Austin Gatt are to be applauded for their unfaltered stand even if one may not agree with their reasons..

K Cassar

Jul 9th 2011, 16:10

@ David Caruana... yeah you may do as you will with your life... your choices are your own so long as you don't implicate others
1) You may commit suicide, take an overdose or whatever.... but don't implicate health care staff who are not willing to do so... and don't imply they should be sacked as if you don't want anyone to interfere with your choice, then first learn not to interfere with others
2) Homosexuals may live together without affecting others... so long as they do not demand the right to adopt... there is no such thing as a right to a child.... but there is the right of a child to a family... and it would be unfair to impose a gay couple rather than a mother/father figure on a child who has already been abandoned by her natural parents... A child is not an object but a person with a rights and choices too, especially if these children are adopted when too young to have a say. If on the other hand the child to be adopted is a mature minor who wishes to be adopted by a gay couple, then that would be a different matter

Alex Cutajar

Jul 8th 2011, 09:36

MORALS HAVE NOTHING TO DO WITH GOD!

Well said :)

Mr edward ciantar

Jul 8th 2011, 09:36

Ask KM employees!!!!

Sue De Nym

Jul 8th 2011, 09:46

Of course, and she is also sorrowful that some animals on the farm get 500 euro raises, whilst others get a miserly 1.16!!!!!!!!!!!

MALCOLM SEYCHELL

Jul 8th 2011, 00:16

He would definately do a better job than the current prime minister.

joseph caruana

Jul 8th 2011, 10:39

totally agree with you,Mr.Zammit

Mr M Farrugia

Jul 8th 2011, 04:45

Anthony Ellul. Il-veu inti wiehed minn dawk li thallat il-hass- mal.......... X'ghandu x'jaqsam il-vot tad-divorzju ma kwistjonijiet oħra. Mohhok malghuq u ma tara xejn hlief politika.----MIskin

k vella

Jul 8th 2011, 08:00

very well said

Mr M Farrugia

Jul 8th 2011, 04:46

dahqu bik habib tal-IVA

Mr FRANS H SAID

Jul 7th 2011, 22:38

My father died when I was 13, my mother did not have any income, but we still managed to move forward. I managed to study and achieve a good position because I wanted to. Today's children are over pampered, especially by their mothers who are keen to squeeze their menfolk dry, even though, more often than not it is the very women who antagonise the men.

K Cassar

Jul 9th 2011, 15:54

I am so grateful to my parents who continued to love and support my siblings and myself through our university years, and did not spurn us when we came of age. But then they know the meaning of love... not everyone is lucky enough to have parents who love truly

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